Senate
File
2328
S-5052
Amend
Senate
File
2328
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
DIVISION
I
4
PERMANENT
NO-CONTACT
ORDERS
——
MODIFICATION
——
REINSTATEMENT
——
5
CONVERSION
——
APPELLATE
REVIEW
6
Section
1.
Section
664A.5,
Code
2022,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
664A.5
Modification
——
entry
of
permanent
no-contact
order.
9
1.
If
a
defendant
is
convicted
of,
receives
a
deferred
10
judgment
for,
or
pleads
guilty
to
a
public
offense
referred
to
11
in
section
664A.2,
subsection
1,
or
is
held
in
contempt
for
a
12
violation
of
a
no-contact
order
issued
under
section
664A.3
13
or
for
a
violation
of
a
protective
order
issued
pursuant
to
14
chapter
232,
235F,
236,
236A,
598,
or
915,
the
court
shall
15
enter
a
permanent
no-contact
order
which
shall
remain
in
effect
16
until
modified
or
dissolved
under
this
section.
17
2.
A
permanent
no-contact
order
entered
under
this
section
18
may
be
modified
or
dissolved
upon
application
by
the
victim
to
19
the
district
court
subject
to
all
of
the
following:
20
a.
The
application
may
be
filed
by
the
victim,
a
victim
21
counselor
as
defined
in
section
915.20A,
the
victim’s
attorney,
22
or
the
prosecuting
attorney.
23
b.
The
prosecuting
attorney
shall
be
notified
of
the
24
application
if
filed
by
the
victim.
25
c.
The
prosecuting
attorney
shall
be
given
the
opportunity
26
to
be
heard
at
a
hearing
prior
to
the
modification
or
27
dissolution
of
the
no-contact
order.
28
d.
If
a
hearing
is
held,
the
court
shall
do
all
of
the
29
following:
30
(1)
The
victim
may
appear
electronically,
in
person,
31
or
in
writing,
or
through
a
victim
counselor
as
defined
in
32
section
915.20A,
through
the
victim’s
attorney,
or
through
the
33
prosecuting
attorney.
34
(2)
The
victim
shall
not
be
subject
to
cross-examination
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#1.
by
the
defendant,
but
may
be
questioned
by
the
prosecuting
1
attorney
under
such
conditions
as
the
court
may
impose.
2
(3)
The
defendant
shall
not
have
the
right
to
appear
in
3
person,
but
the
defendant
may
be
compelled
to
appear
by
the
4
court.
5
3.
A
permanent
no-contact
order
entered
under
this
section
6
may
be
modified
or
dissolved
upon
application
by
the
defendant
7
to
the
district
court
subject
to
all
of
the
following:
8
a.
The
application
must
be
verified.
9
b.
The
application
must
be
served
upon
the
prosecuting
10
attorney
for
the
county
in
which
the
defendant
principally
11
resides.
12
c.
The
application
must
be
served
upon
the
prosecuting
13
attorney
for
any
county
in
which
the
defendant
has
been
14
convicted
of
an
offense
requiring
entry
of
a
no-contact
order
15
under
this
chapter.
16
d.
Prior
to
disposition
of
an
application
under
this
17
subsection,
the
prosecuting
attorney
must
notify
the
victim,
18
if
the
victim’s
address
is
known,
and
afford
the
victim
the
19
opportunity
to
be
heard.
20
e.
Five
or
more
years
have
passed
since
the
discharge
of
21
the
sentence
for
the
offense
resulting
in
the
issuance
of
the
22
no-contact
order,
including
any
special
sentence
imposed
under
23
chapter
903B.
24
f.
The
defendant
is
not
incarcerated
for
any
offense
at
the
25
time
the
application
is
filed.
26
g.
The
defendant
has
not
been
convicted
of
any
new
27
indictable
offense
since
the
imposition
of
the
permanent
28
no-contact
order.
29
4.
Upon
consideration
of
an
application
by
the
defendant
to
30
modify
or
dissolve
a
permanent
no-contact
order,
the
district
31
court
shall
conduct
an
electronic
or
in-person
hearing
on
the
32
application
and
do
all
of
the
following:
33
a.
Consider
any
evidence
offered
by
the
parties,
subject
to
34
limitations
under
this
section
and
any
additional
limitations
35
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the
court
may
impose.
1
b.
Provide
the
victim
an
opportunity
to
be
heard
in
any
of
2
the
following
manners:
3
(1)
Electronically,
in
person,
or
in
writing.
4
(2)
Personally,
through
a
victim
counselor
as
defined
in
5
section
915.20A,
through
the
victim’s
attorney,
or
through
the
6
prosecuting
attorney.
7
c.
Prohibit
the
cross-examination
of
the
victim
by
the
8
defendant,
but
allow
the
prosecuting
attorney
to
question
the
9
victim
under
such
conditions
as
the
court
may
impose.
10
5.
The
district
court
shall
not
modify
or
dissolve
a
11
permanent
no-contact
order
unless
the
district
court
makes
a
12
written
finding
that
the
defendant
no
longer
presents
a
danger
13
to
the
victim
and
that
the
modification
or
dissolution
is
in
14
the
interest
of
justice.
15
Sec.
2.
NEW
SECTION
.
664A.5A
Reinstatement
of
expired
16
no-contact
orders.
17
1.
Upon
the
filing
of
an
application
by
the
victim,
a
victim
18
counselor
as
defined
in
section
915.20A,
the
victim’s
attorney,
19
or
the
prosecuting
attorney,
the
court
shall
reinstate
any
20
permanent
no-contact
order
that
expired
because
it
was
not
21
extended
pursuant
to
section
664A.8,
Code
2022.
22
2.
A
no-contact
order
issued
prior
to
July
1,
2022,
that
23
is
reinstated
pursuant
to
this
section
shall
be
governed
by
24
section
664A.5.
25
3.
An
application
to
reinstate
an
expired
no-contact
26
order
shall
create
a
rebuttable
presumption
that
the
27
offender
continues
to
present
a
danger
to
the
victim
and
that
28
reinstating
an
expired
no-contact
order
is
in
the
interest
of
29
justice.
The
application
shall
not
require
a
statement
that
30
the
offender
committed
a
recent
overt
act.
31
4.
The
court
shall
only
deny
an
application
to
reinstate
an
32
expired
no-contact
order
if
the
court
makes
written
findings
33
that
the
defendant
no
longer
presents
a
danger
to
the
victim
34
and
that
denying
the
request
is
in
the
interest
of
justice.
35
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Sec.
3.
NEW
SECTION
.
664A.5B
Conversion
of
existing
1
no-contact
orders.
2
1.
A
five-year
no-contact
order
entered
prior
to
July
1,
3
2022,
that
has
not
expired
as
of
July
1,
2022,
may
be
converted
4
into
a
permanent
no-contact
order
as
if
the
order
was
entered
5
after
July
1,
2022,
upon
application
by
the
victim,
a
victim
6
counselor
as
defined
in
section
915.20A,
the
victim’s
attorney,
7
or
the
prosecuting
attorney.
8
2.
An
application
to
convert
a
five-year
no-contact
order
9
into
a
permanent
no-contact
order
shall
create
a
rebuttable
10
presumption
that
the
offender
continues
to
present
a
danger
11
to
the
victim
and
that
converting
the
no-contact
order
is
in
12
the
interest
of
justice.
The
application
shall
not
require
a
13
statement
that
the
offender
committed
a
recent
overt
act.
14
3.
The
court
shall
only
deny
an
application
to
convert
a
15
five-year
no-contact
order
into
a
permanent
no-contact
order
if
16
the
court
makes
written
findings
that
the
defendant
no
longer
17
presents
a
danger
to
the
victim
and
that
denying
the
request
18
is
in
the
interest
of
justice.
19
Sec.
4.
NEW
SECTION
.
664A.7A
Appellate
review.
20
1.
The
provisions
of
this
chapter
are
the
only
means
by
21
which
a
party
may
seek
to
modify
a
no-contact
order,
including
22
any
challenge
to
the
conversion
of
a
five-year
no-contact
order
23
into
a
permanent
no-contact
order.
24
2.
Appellate
review
of
court
order
granting
or
denying
a
25
modification
or
dissolution
of
a
no-contact
order,
including
26
proceedings
related
to
conversion
of
a
five-year
no-contact
27
order,
shall
be
by
writ
of
certiorari.
Such
an
order
is
not
28
appealable
as
a
matter
of
right.
29
Sec.
5.
Section
708.2A,
subsection
8,
Code
2022,
is
amended
30
to
read
as
follows:
31
8.
If
a
person
is
convicted
for,
receives
a
deferred
32
judgment
for,
or
pleads
guilty
to
a
violation
of
this
section
,
33
the
court
shall
modify
the
no-contact
order
issued
upon
initial
34
appearance
and
enter
a
permanent
no-contact
order
in
the
manner
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provided
in
section
664A.5
,
regardless
of
whether
the
person
1
is
placed
on
probation.
2
Sec.
6.
LEGISLATIVE
FINDINGS
——
REINSTATEMENT
OF
EXPIRED
3
NO-CONTACT
ORDERS.
The
general
assembly
finds
and
declares
all
4
of
the
following:
5
1.
The
procedure
required
to
extend
no-contact
orders
6
issued
pursuant
to
chapter
664A
prior
to
July
1,
2022,
imposed
7
unreasonable
barriers
for
crime
victims
to
ensure
no-contact
8
orders
remained
in
place.
9
2.
It
is
against
the
public
policy
of
this
state
to
deny
a
10
crime
victim
the
protection
of
a
no-contact
order
because
the
11
victim
was
unaware
of
the
deadline
to
extend
a
no-contact
order
12
or
was
unable
to
navigate
the
complexities
of
the
court
system.
13
3.
The
law
of
this
state
in
existence
prior
to
July
1,
2022,
14
does
not
provide
an
adequate
remedy
to
safeguard
crime
victims
15
from
offenders
who
continue
to
present
a
danger
to
the
victim
16
after
a
no-contact
order
has
expired.
17
4.
A
crime
victim
previously
protected
by
an
expired
18
no-contact
order
should
not
have
to
wait
for
the
offender
to
19
commit
additional
criminal
acts
to
remain
protected.
20
5.
Reinstating
expired
no-contact
orders
pursuant
to
21
section
664A.5A,
as
enacted
in
this
division
of
this
Act,
22
furthers
the
interest
of
justice
and
serves
the
compelling
23
government
interest
of
protecting
crime
victims
from
further
24
harm
by
offenders
whose
guilt
has
already
been
adjudicated.
25
6.
Reinstating
expired
no-contact
orders
pursuant
to
26
section
664A.5A,
as
enacted
in
this
division
of
this
Act,
27
does
not
impose
a
new
punishment
on
the
offender,
but
instead
28
provides
collateral
relief
and
protection
for
the
victim
29
without
requiring
the
victim
to
bear
the
cost
of
a
separate
30
court
action.
31
Sec.
7.
REPEAL.
Section
664A.8,
Code
2022,
is
repealed.
32
DIVISION
II
33
DOMESTIC
ABUSE
ASSAULT
PENALTIES
34
Sec.
8.
Section
708.2A,
subsection
6,
paragraph
a,
Code
35
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2022,
is
amended
by
striking
the
paragraph.
1
DIVISION
III
2
LIMITATION
OF
CRIMINAL
ACTIONS
INVOLVING
CERTAIN
SEXUAL
3
OFFENSES
4
Sec.
9.
Section
802.2B,
Code
2022,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
5A.
Continuous
sexual
abuse
of
a
child
in
7
violation
of
section
709.23.
8
NEW
SUBSECTION
.
5B.
Kidnapping
in
the
first
degree
when
the
9
person
kidnapped,
and
as
a
consequence
of
the
kidnapping,
is
10
intentionally
subjected
to
sexual
abuse
in
violation
of
section
11
710.2.
12
NEW
SUBSECTION
.
5C.
Burglary
in
the
first
degree
in
13
violation
of
section
713.3,
subsection
1,
paragraph
“d”
.
14
Sec.
10.
Section
802.2C,
Code
2022,
is
amended
to
read
as
15
follows:
16
802.2C
Kidnapping.
17
An
information
or
indictment
for
kidnapping
in
the
first,
18
second,
or
third
degree
,
except
as
provided
in
section
802.2B,
19
committed
on
or
with
a
person
who
is
under
the
age
of
eighteen
20
years
shall
be
found
within
ten
years
after
the
person
upon
21
whom
the
offense
is
committed
attains
eighteen
years
of
age,
22
or
if
the
person
against
whom
the
information
or
indictment
23
is
sought
is
identified
through
the
use
of
a
DNA
profile,
an
24
information
or
indictment
shall
be
found
within
three
years
25
from
the
date
the
person
is
identified
by
the
person’s
DNA
26
profile,
whichever
is
later.
27
DIVISION
IV
28
CRIMINAL
SENTENCING
AND
CORRECTIONS
29
Sec.
11.
Section
901.4B,
subsection
2,
Code
2022,
is
amended
30
to
read
as
follows:
31
2.
After
hearing
any
statements
presented
pursuant
to
32
subsection
1
,
and
before
imposing
sentence,
the
court
shall
33
address
any
victim
of
the
crime
who
is
physically
present
at
34
the
sentencing
and
shall
allow
do
all
of
the
following:
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a.
Ask
any
victim
or
representative
of
the
victim
whether
1
the
victim
has
been
informed
by
the
prosecuting
attorney
or
the
2
prosecuting
attorney’s
designee
of
the
status
of
the
case
and
3
of
the
prosecuting
attorney’s
recommendation
for
sentencing.
4
b.
Allow
any
victim
to
be
reasonably
heard,
including
but
5
not
limited
to
by
presenting
a
victim
impact
statement
in
the
6
manner
described
in
section
915.21
.
7
Sec.
12.
Section
901.8,
Code
2022,
is
amended
to
read
as
8
follows:
9
901.8
Consecutive
sentences.
10
1.
If
a
person
is
sentenced
for
two
or
more
separate
11
offenses,
the
sentencing
judge
may
order
the
second
or
further
12
sentence
to
begin
at
the
expiration
of
the
first
or
succeeding
13
sentence.
14
2.
If
a
person
is
sentenced
for
escape
under
section
719.4
15
or
for
a
crime
committed
while
confined
in
a
detention
facility
16
or
penal
institution,
the
sentencing
judge
shall
order
the
17
sentence
to
begin
at
the
expiration
of
any
existing
sentence.
18
If
the
person
is
presently
in
the
custody
of
the
director
19
of
the
Iowa
department
of
corrections,
the
sentence
shall
be
20
served
at
the
facility
or
institution
in
which
the
person
21
is
already
confined
unless
the
person
is
transferred
by
the
22
director.
23
3.
If
a
person
is
sentenced
for
two
or
more
separate
24
offenses
contained
in
section
902.12,
subsection
1,
and
one
or
25
more
of
the
convictions
is
for
an
offense
under
chapter
709
26
or
chapter
710,
the
sentencing
judge
shall
require
that
the
27
sentences
be
served
consecutively.
28
4.
Except
as
otherwise
provided
in
section
903A.7
,
if
29
consecutive
sentences
are
specified
in
the
order
of
commitment,
30
the
several
terms
shall
be
construed
as
one
continuous
term
of
31
imprisonment.
32
Sec.
13.
Section
901.11,
subsections
2,
3,
4,
and
5,
Code
33
2022,
are
amended
to
read
as
follows:
34
2.
At
the
time
of
sentencing,
the
court
shall
determine
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when
a
person
convicted
of
child
endangerment
as
described
in
1
section
902.12,
subsection
2
3
,
shall
first
become
eligible
2
for
parole
or
work
release
within
the
parameters
specified
3
in
section
902.12,
subsection
2
3
,
based
upon
all
pertinent
4
information
including
the
person’s
criminal
record,
a
validated
5
risk
assessment,
and
whether
the
offense
involved
multiple
6
intentional
acts
or
a
series
of
intentional
acts,
or
whether
7
the
offense
involved
torture
or
cruelty.
8
3.
At
the
time
of
sentencing,
the
court
shall
determine
when
9
a
person
convicted
of
robbery
in
the
first
degree
as
described
10
in
section
902.12,
subsection
3
4
,
shall
first
become
eligible
11
for
parole
or
work
release
within
the
parameters
specified
12
in
section
902.12,
subsection
3
4
,
based
upon
all
pertinent
13
information
including
the
person’s
criminal
record,
a
validated
14
risk
assessment,
and
the
negative
impact
the
offense
has
had
15
on
the
victim
or
other
persons.
16
4.
At
the
time
of
sentencing,
the
court
shall
determine
when
17
a
person
convicted
of
robbery
in
the
second
degree
as
described
18
in
section
902.12,
subsection
4
5
,
shall
first
become
eligible
19
for
parole
or
work
release
within
the
parameters
specified
20
in
section
902.12,
subsection
4
5
,
based
upon
all
pertinent
21
information
including
the
person’s
criminal
record,
a
validated
22
risk
assessment,
and
the
negative
impact
the
offense
has
had
23
on
the
victim
or
other
persons.
24
5.
At
the
time
of
sentencing,
the
court
shall
determine
when
25
a
person
convicted
of
arson
in
the
first
degree
as
described
26
in
section
902.12,
subsection
5
6
,
shall
first
become
eligible
27
for
parole
or
work
release
within
the
parameters
specified
28
in
section
902.12,
subsection
5
6
,
based
upon
all
pertinent
29
information
including
the
person’s
criminal
record,
a
validated
30
risk
assessment,
and
the
negative
impact
the
offense
has
had
31
on
the
victim
or
other
persons.
32
Sec.
14.
NEW
SECTION
.
902.9A
Minimum
sentence
——
certain
33
felonies.
34
The
minimum
sentence
for
any
person
convicted
of
a
felony
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contained
in
section
902.12,
and
who
did
not
receive
a
deferred
1
judgment
or
a
deferred
or
suspended
sentence
under
chapter
907,
2
shall
be
that
prescribed
by
statute
or,
if
not
prescribed
by
3
statute,
shall
be
determined
as
follows:
4
1.
A
class
“B”
felon
shall
be
confined
for
no
less
than
one
5
year.
6
2.
A
class
“C”
felon
shall
be
confined
for
no
less
than
two
7
months.
8
3.
A
class
“D”
felon
shall
be
confined
for
no
less
than
one
9
month.
10
Sec.
15.
Section
902.12,
Code
2022,
is
amended
to
read
as
11
follows:
12
902.12
Minimum
sentence
for
certain
felonies
——
eligibility
13
for
parole
or
work
release.
14
1.
A
person
serving
a
sentence
for
conviction
of
any
of
15
the
following
felonies
that
occur
on
or
after
July
1,
2022,
if
16
other
than
a
class
“A”
felony,
shall
be
denied
parole
or
work
17
release
unless
the
person
has
served
at
least
nine-tenths
of
18
the
maximum
term
of
the
person’s
sentence:
19
a.
Homicide
or
a
related
crime
in
violation
of
chapter
707.
20
b.
Assault
in
violation
of
chapter
708.
21
c.
Terrorism
in
violation
of
chapter
708A.
22
d.
Sexual
abuse
in
violation
of
chapter
709.
23
e.
Kidnapping
or
related
offenses
in
violation
of
chapter
24
710.
25
f.
Human
trafficking
in
violation
of
chapter
710A,
except
26
for
a
violation
of
section
710A.2A.
27
g.
Robbery,
aggravated
theft,
or
extortion
in
violation
of
28
chapter
711.
29
h.
Arson
in
violation
of
chapter
712.
30
i.
Burglary
in
violation
of
chapter
713,
except
for
a
31
violation
of
section
713.7.
32
j.
Criminal
gang
participation
or
gang
recruitment
in
33
violation
of
chapter
723A.
34
k.
Obscenity
in
violation
of
chapter
728.
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1.
2.
A
person
serving
a
sentence
for
conviction
of
any
of
1
the
following
felonies
,
including
a
person
serving
a
sentence
2
for
conviction
of
the
following
felonies
that
occur
prior
to
3
July
1,
2003
2022
,
shall
be
denied
parole
or
work
release
4
unless
the
person
has
served
at
least
seven-tenths
of
the
5
maximum
term
of
the
person’s
sentence:
6
a.
Murder
in
the
second
degree
in
violation
of
section
7
707.3
.
8
b.
Attempted
murder
in
violation
of
section
707.11
,
except
9
as
provided
in
section
707.11,
subsection
5
.
10
c.
Sexual
abuse
in
the
second
degree
in
violation
of
section
11
709.3
.
12
d.
Kidnapping
in
the
second
degree
in
violation
of
section
13
710.3
.
14
e.
Robbery
in
the
second
degree
in
violation
of
section
15
711.3
,
except
as
determined
in
subsection
4
5
.
16
f.
Vehicular
homicide
in
violation
of
section
707.6A,
17
subsection
1
or
2
,
if
the
person
was
also
convicted
under
18
section
321.261,
subsection
4
,
based
on
the
same
facts
or
19
event
that
resulted
in
the
conviction
under
section
707.6A,
20
subsection
1
or
2
.
21
2.
3.
A
person
serving
a
sentence
for
a
conviction
of
22
child
endangerment
as
defined
in
section
726.6,
subsection
23
1
,
paragraph
“b”
,
that
is
described
and
punishable
under
24
section
726.6,
subsection
5
,
shall
be
denied
parole
or
work
25
release
until
the
person
has
served
between
three-tenths
and
26
seven-tenths
of
the
maximum
term
of
the
person’s
sentence
as
27
determined
under
section
901.11,
subsection
2
.
28
3.
4.
A
person
serving
a
sentence
for
a
conviction
for
29
robbery
in
the
first
degree
in
violation
of
section
711.2
for
30
a
conviction
that
occurs
on
or
after
July
1,
2018
prior
to
31
July
1,
2022
,
shall
be
denied
parole
or
work
release
until
32
the
person
has
served
between
one-half
and
seven-tenths
of
33
the
maximum
term
of
the
person’s
sentence
as
determined
under
34
section
901.11,
subsection
3
.
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4.
5.
A
person
serving
a
sentence
for
a
conviction
for
1
robbery
in
the
second
degree
in
violation
of
section
711.3
2
for
a
conviction
that
occurs
on
or
after
July
1,
2016
prior
3
to
July
1,
2022
,
shall
be
denied
parole
or
work
release
until
4
the
person
has
served
between
one-half
and
seven-tenths
of
5
the
maximum
term
of
the
person’s
sentence
as
determined
under
6
section
901.11,
subsection
4
.
7
5.
6.
A
person
serving
a
sentence
for
a
conviction
for
8
arson
in
the
first
degree
in
violation
of
section
712.2
that
9
occurs
on
or
after
July
1,
2019
prior
to
July
1,
2022
,
shall
10
be
denied
parole
or
work
release
until
the
person
has
served
11
between
one-half
and
seven-tenths
of
the
maximum
term
of
12
the
person’s
sentence
as
determined
under
section
901.11,
13
subsection
5
.
14
Sec.
16.
Section
903A.2,
subsection
1,
paragraph
c,
Code
15
2022,
is
amended
to
read
as
follows:
16
c.
Category
“C”
sentences
are
those
sentences
for
attempted
17
murder
described
in
section
707.11,
subsection
5
,
and
sentences
18
for
the
offenses
described
in
section
902.12,
subsection
1
.
19
Notwithstanding
paragraphs
paragraph
“a”
or
“b”
,
an
inmate
20
serving
a
category
“C”
sentence
is
ineligible
for
a
reduction
21
of
sentence
under
this
section
.
22
DIVISION
V
23
PAROLE
AND
WORK
RELEASE
24
Sec.
17.
Section
906.4,
subsection
1,
Code
2022,
is
amended
25
to
read
as
follows:
26
1.
A
parole
or
work
release
shall
be
ordered
only
for
27
the
best
interest
of
society
,
any
victim
of
the
person,
and
28
the
offender
person
,
not
as
an
award
of
clemency.
The
board
29
shall
release
on
parole
or
work
release
any
person
whom
it
30
has
the
power
to
so
release,
only
when
in
its
opinion
there
31
is
reasonable
a
significant
probability
that
the
person
can
32
be
released
without
detriment
to
the
community
,
any
victim
33
of
the
person,
or
to
the
person.
A
person’s
release
is
not
34
a
detriment
to
the
community
,
any
victim
of
the
person,
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or
the
person
if
the
person
is
able
and
willing
to
fulfill
1
the
obligations
of
a
law-abiding
citizen,
in
the
board’s
2
determination.
3
Sec.
18.
Section
906.5,
subsection
1,
paragraph
a,
Code
4
2022,
is
amended
to
read
as
follows:
5
a.
The
board
shall
establish
and
implement
a
plan
by
which
6
the
board
systematically
reviews
the
status
of
each
person
who
7
has
been
committed
to
the
custody
of
the
director
of
the
Iowa
8
department
of
corrections
and
considers
the
person’s
prospects
9
for
parole
or
work
release.
The
board
shall,
at
least
annually
10
shall
but
no
more
frequently
than
every
six
months,
review
11
the
status
of
a
person
other
than
a
class
“A”
felon,
a
class
12
“B”
felon
serving
a
sentence
of
more
than
twenty-five
years,
13
or
a
felon
serving
an
offense
punishable
under
section
902.9,
14
subsection
1
,
paragraph
“a”
,
or
a
felon
serving
a
mandatory
15
minimum
sentence
other
than
a
class
“A”
felon,
and
provide
16
the
person
with
notice
of
the
board’s
parole
or
work
release
17
decision.
18
Sec.
19.
Section
906.5,
subsection
1,
Code
2022,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
The
board
shall
require
that
all
parole
21
hearings
be
recorded
and
maintained
as
public
records
under
22
chapter
22
for
a
minimum
of
three
years
from
the
date
of
the
23
hearing
or
the
most
recent
release
of
an
inmate
on
parole.
24
Sec.
20.
Section
906.5,
subsection
2,
Code
2022,
is
amended
25
to
read
as
follows:
26
2.
It
is
the
intent
of
the
general
assembly
that
the
board
27
shall
implement
a
plan
of
early
release
in
an
effort
to
assist
28
in
controlling
the
prison
population
and
assuring
prison
29
space
for
the
confinement
of
offenders
whose
release
would
be
30
detrimental
to
the
citizens
of
this
state
to
ensure
that
parole
31
or
work
release
is
only
ordered
when
in
the
best
interest
of
32
society,
any
victim
of
the
person,
and
the
person
.
The
board
33
shall
report
to
the
legislative
services
agency
on
a
monthly
34
basis
concerning
the
implementation
of
this
plan
and
the
number
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of
inmates
paroled
pursuant
to
this
plan
and
the
average
length
1
of
stay
of
those
paroled.
2
DIVISION
VI
3
CRIME
VICTIMS
——
RIGHTS
4
Sec.
21.
Section
915.11,
subsection
1,
Code
2022,
is
amended
5
to
read
as
follows:
6
1.
a.
A
local
police
department
or
county
sheriff’s
7
department
shall
advise
a
victim
of
the
right
to
8
register
with
the
county
attorney,
and
shall
provide
a
9
request-for-registration
form
to
each
victim.
A
local
police
10
department
or
county
sheriff’s
department
shall
provide
a
11
telephone
number
and
internet
site
to
each
victim
to
register
12
with
the
automated
victim
notification
system
established
13
pursuant
to
section
915.10A
.
14
b.
A
local
police
department
or
county
sheriff’s
department
15
shall
provide
a
victim
with
a
pamphlet
explaining
the
victim’s
16
rights
as
a
victim
of
a
public
offense
or
delinquent
act.
17
Sec.
22.
Section
915.20,
Code
2022,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
1A.
A
local
police
department
or
county
20
sheriff’s
department
shall
provide
to
the
crime
victim
21
assistance
division
of
the
department
of
justice
with
the
22
contact
information
for
a
victim
of
a
public
offense
or
23
delinquent
act.
A
victim
counselor
shall
contact
a
victim
to
24
determine
whether
the
victim
is
in
need
of
further
assistance
25
from
the
victim
counselor
or
whether
the
victim
has
any
26
questions
regarding
the
person’s
rights
as
a
victim.
27
Sec.
23.
Section
915.38,
Code
2022,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
3A.
a.
It
is
the
public
policy
of
the
30
state
that
statements
made
by
children
to
forensic
interviewers
31
at
child
advocacy
centers
and
child
protection
centers
are
32
presumptively
reliable
and
should
be
admitted
into
evidence
in
33
the
courts.
34
b.
Notwithstanding
any
other
provision
of
law,
the
court
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shall
upon
motion
of
a
party
admit
a
recorded
statement
of
a
1
child
as
defined
in
section
702.5,
if
all
of
the
following
2
apply:
3
(1)
The
recorded
statement
describes
conduct
that
violates
4
chapter
709
or
describes
circumstances
relevant
to
such
5
conduct.
6
(2)
The
recorded
statement
was
obtained
by
a
forensic
7
interviewer
employed
by
an
accredited
child
advocacy
center
or
8
child
protection
center.
9
(3)
The
interview
was
conducted
substantially
in
accordance
10
with
a
nationally
recognized
protocol
for
interviewing
11
children.
12
(4)
The
recorded
statement
is
offered
in
a
criminal
13
proceeding,
the
opposing
party
was
given
at
least
ten
days’
14
notice
prior
to
the
trial
commencing
of
the
intention
to
admit
15
the
recorded
statement,
and
any
of
the
following
apply:
16
(a)
The
child
testifies
at
trial.
17
(b)
The
child
has
been
questioned
by
the
defendant
or
the
18
defendant’s
attorney
at
a
deposition
or
at
any
substantially
19
similar
setting.
20
(c)
The
child
is
unavailable
as
a
witness
as
provided
in
21
rule
of
evidence
5.804(a).
22
(d)
The
court
finds
by
a
preponderance
of
the
evidence
that
23
the
child
would
suffer
significant
emotional
or
psychological
24
trauma
from
testifying
in
the
personal
presence
of
the
25
defendant
at
the
time
of
the
criminal
proceeding.
26
c.
A
court
may
deny
the
admission
of
a
recorded
statement
27
under
this
section
only
if
the
party
opposing
the
admission
28
proves
by
clear
and
convincing
evidence
that
the
recorded
29
statement
is
unreliable.
30
d.
Portions
of
a
recorded
interview
admitted
pursuant
to
31
this
section
may
be
redacted
under
the
following
circumstances:
32
(1)
By
agreement
of
the
parties.
33
(2)
By
order
of
the
court,
if
the
court
finds
by
a
34
preponderance
of
the
evidence
that
redaction
is
necessary
to
35
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either:
1
(a)
Minimize
embarrassment
or
trauma
to
the
child.
2
(b)
Effectuate
a
provision
of
the
rules
of
evidence
other
3
than
the
rules
against
hearsay.
4
Sec.
24.
NEW
SECTION
.
915.44A
Limitation
of
evidence
in
5
sexual
abuse
cases.
6
A
defendant
charged
with
a
criminal
offense
for
sexual
7
abuse
under
chapter
709
or
who
has
filed
an
application
for
8
postconviction
relief
upon
conviction
for
a
sexual
offense
9
under
chapter
709
shall
be
precluded
from
questioning
any
10
victim
regarding
evidence
which
is
inadmissible
under
rule
11
of
evidence
5.412.
Prohibited
evidence
includes
all
of
the
12
following:
13
1.
Reputation
or
opinion
evidence
of
a
victim
offered
to
14
prove
that
a
victim
engaged
in
other
sexual
behavior.
15
2.
Evidence
of
a
victim’s
other
sexual
behavior
other
than
16
reputation
or
opinion
evidence.
17
Sec.
25.
COMMISSION
ON
CONTINUING
LEGAL
EDUCATION
——
18
CONTINUING
LEGAL
EDUCATION
REQUIREMENTS.
The
commission
on
19
continuing
legal
education
shall
amend
Iowa
court
rule
42.2
to
20
require
all
attorneys
licensed
in
this
state
complete
a
minimum
21
of
one
hour,
annually,
of
continuing
legal
education
that
22
focuses
on
crime
victims
and
how
to
improve
a
crime
victim’s
23
experience
within
the
criminal
justice
system.
24
DIVISION
VII
25
REQUIRED
REPORTS
TO
THE
GENERAL
ASSEMBLY
26
Sec.
26.
NEW
SECTION
.
602.6204
Reporting
requirement.
27
Each
district
judge
shall
submit
to
the
governor
and
to
the
28
general
assembly,
not
later
than
December
15
each
year,
an
29
annual
report
which
shall
include
all
of
the
following:
30
1.
The
number
of
deferred
judgments,
deferred
sentences,
31
and
suspended
sentences
the
court
entered,
including
the
32
criminal
offenses
involved,
during
the
previous
year.
33
2.
The
number
of
defendants
who
received
deferred
34
judgments,
deferred
sentences,
and
suspended
sentences
during
35
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the
previous
year.
1
3.
The
number
of
cases
where
the
court
pronounced
judgment
2
and
imposed
sentence
after
a
defendant
failed
to
comply
with
3
the
conditions
set
by
the
court
for
a
deferred
judgment
or
4
deferred
sentence.
5
4.
The
number
of
cases
where
the
court
revoked
a
suspended
6
sentence
after
a
defendant
failed
to
comply
with
conditions
set
7
by
the
court.
8
5.
The
types
of
violations
by
a
defendant
of
the
conditions
9
imposed
by
the
court
that
resulted
in
the
court
pronouncing
10
judgment
and
imposing
sentence
or
revoking
a
suspended
sentence
11
of
a
defendant.
The
report
shall
include
information
on
12
whether
the
violations
were
technical
violations,
due
to
the
13
commission
of
a
new
crime,
or
due
to
any
other
reason.
14
Sec.
27.
NEW
SECTION
.
904.103A
Recidivism
——
annual
report.
15
1.
The
department,
in
cooperation
with
the
board
of
parole,
16
shall
submit
to
the
governor
and
to
the
general
assembly,
not
17
later
than
December
15
each
year,
an
annual
report
detailing
18
the
recidivism
rate
in
the
state
specifically
for
the
violent
19
and
sexual
criminal
offenses
contained
in
section
902.12.
20
2.
The
report
shall
include,
at
a
minimum,
all
of
the
21
following:
22
a.
The
rate
of
recidivism,
including
the
percentage
and
23
number
of
offenders
who
committed
another
crime
within
three
24
years
of
being
released
from
the
custody
of
the
department.
25
b.
The
percentage
and
number
of
offenders
paroled
or
placed
26
on
probation
who
violate
the
conditions
of
the
offender’s
27
release
and
are
reincarcerated
including
information
regarding
28
offenders
who
were
returned
for
technical
violations,
and
those
29
who
were
returned
for
the
commission
of
a
new
crime.
30
c.
Whether
there
were
victims
involved
in
the
crimes
31
committed
while
an
offender
was
paroled
or
on
probation,
32
and
whether
any
of
the
victims
were
previous
victims
of
the
33
offender.
34
d.
The
types
of
offenses
that
caused
the
offender
to
be
35
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returned
to
the
custody
of
the
department.
1
e.
The
type
of
release
that
preceded
the
offender’s
return
2
to
the
custody
of
the
department.
3
f.
The
number
of
hearings
the
board
of
parole
held
before
4
the
release
of
an
offender
who
subsequently
violated
the
5
conditions
of
release
and
who
was
subsequently
returned
to
the
6
custody
of
the
department.
>
7
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
<
An
8
Act
relating
to
criminal
law
including
>
9
3.
Title
page,
by
striking
lines
6
through
8
and
inserting
10
<
and
work
release,
crime
victim
rights,
and
certain
reporting
11
requirements,
and
making
penalties
applicable.
>
12
4.
By
renumbering
as
necessary.
13
______________________________
HERMAN
C.
QUIRMBACH
-17-
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17
#2.
#3.
#4.